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Divorce under Hindu Marriage Act

Divorce by Mutual Consent

Where both the parties mutually agree that they want to divorce a petition may be presented on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Thereafter both the parties have to make a motion to the court not earlier than 6 months and not later than 18 months from the date of presentation of the petition and the court after hearing the parties and on being satisfied will pass a decree of divorce.

Filing of Petition

Every petition shall be present to the District Court within the jurisdiction of which

  1. The marriage was solemnized.
  2. The other party at the presentation of the petition resides; or
  3. The parties to the marriage last resided;
  4. Where the petitioner is residing at the time of presentation of the petition in case the other party is residing outside the territories to which the Act extends or has not been heard of as being alive for a period of seven years or more.

What a Petition Should Contain

Every petition presented should contain the following details

  1. The facts on which the relief claimed is based.
  2. That the petition is not presented in collusion between both the parties.
  3. The statements contained in the petition shall be verified by the petitioner or some other competent person

Important Addresses

The Matrimonial Courts are situated at the following places


Tees Hazari Court , near Inter State Bus Terminal, Delhi-92

Karkardooma Court,



Phone Nos. 6406377, 6406343

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